M.RAMANA BABU Vs. MARELLA NARASIMHULU

JUDGEMENT

(1.) The petitioners, who are defendants in the suit, filed this Civil Revision Petition under Article 227 of the Constitution of India, being aggrieved by the order dated 23-04-2019 passed in I.A.No.1871 of 2017 in O.S.No.56 of 2013 by the Principal District Judge, Kadapa, wherein and whereby the petition filed by the respondents/plaintiffs under Order VI Rule 17 of the Code of Civil Procedure filed after commencement of trial was allowed permitting the respondents herein to amend the plaint schedule property.

(2.) The parties herein are referred to as plaintiffs and defendants as arrayed in the suit for the sake of convenience.

(3.) The plaintiffs and the defendants are the children of the deceased brothers. The suit is filed for partition of suit schedule property into two equal shares and allot one such share to the plaintiffs and the defendants 1 to 5. The suit schedule property being ancestral and joint family property liable for partition, one item of the land property an extent of Ac.0.90 cents out of Ac.1.84 cents in Survey No.3/B3, an Chinnachowk village fields, now Kadapa town village fields, Kadapa Mandal, erstwhile Kadapa Taluk, Kadapa Urban Sub-district, Kadapa, bounded by East: Roads; West: Rasta; North: Drainage channel and South: Land of Chinna Narasimhulu, was not included in the suit schedule properties, in spite of mentioning the said property in the notice given by the plaintiffs to the defendants for partition of the ancestral property. After the completion of the evidence of PW.1 and at the time of cross- examination of DW.1, the plaintiffs came to know about noninclusion of the property sought to be included in the plaint schedule of the property. Accordingly, the plaintiffs filed a petition in I.A.No.1871 of 2017 under Order VI Rule 17 CPC seeking to amend the plaint to include the petition schedule property. The court below allowed the same by order dated 08.12.2017, against which the defendants filed C.R.P.No.1008 of 2018. This Court, by order dated 28-11-2018 allowed the revision and remanded the matter to the trial court for fresh disposal specifically directing to deal with the petition filed under Order VI Rule 17 CPC in the light of proviso thereto. The Court below, after reconsidering the whole issue as per the orders of this court in C.R.P.No.1008 of 2018, allowed the petition, against which the present Civil Revision Petition is filed.